Regulation .04 Burden of Proof and Order of Proof.
Current through 2026-01-20. Source: COBRA Register Volume 04, Issue 02. Published by the Baltimore City Department of Legislative Reference.
Balt., Md., COBRA § 07.02.01.04 (2026)
Regulation .04 Burden of Proof and Order of Proof.LinkCopy Citation
A.
The Commissioner or the Commissioner’s designee may revoke a license upon a finding by a preponderance of the evidence that:
(1)
the Owner or lessee of a multi-family dwelling or rooming house has failed to comply with a lawful notice to correct a violation that affects the health, safety, morals, or general welfare of the occupants or general welfare;
(2)
the Owner, lessee, or agent of a multi-family dwelling or rooming house has allowed the property to be used for:
(a)
prostitution;
(b)
drug activity; or
(c)
any other activity that creates or constitutes a nuisance; or
(3)
the owner or lessee should have known that the premises were being used for prostitution, drug activity or any other activity that creates or constitutes a nuisance and failed to prevent it.
B.
The order of proof shall be as follows:
(1)
First, all parties present will be introduced and identified.
(2)
Second, the Commissioner’s designated attorney will make a brief statement about the purpose of the hearing.
(3)
Third, the Commissioner’s designated attorney will present testimony and evidence that shows:
(a)
the Owner or lessee of a multi-family dwelling or rooming house has failed to comply with a lawful notice to correct a violation that affects the health, safety, morals, or general welfare of the occupants or general welfare;
(b)
the Owner, lessee, or agent of a multi-family dwelling or rooming house has allowed the property to be used for:
(i)
prostitution;
(ii)
drug activity; or
(iii)
any other activity that creates or constitutes a nuisance; or
(c)
the owner or lessee should have known that these premises were being used for prostitution, drug activity, or any other activity that creates or constitutes a nuisance and failed to prevent it.
(4)
Fourth, cross-examination of the witnesses at the conclusion of each direct examination by the Respondent.
(5)
Fifth, re-direct by the Commissioner’s designated attorney.
(6)
Sixth, testimony and presentation of evidence may be presented by the Respondent(s).
(7)
Seventh, cross-examination of the Respondent(s) and their witness at the conclusion of each direct examination by the Commissioner’s designated attorney.
(8)
Eighth, re-direct examination by the Respondent(s).
(9)
Ninth, the presentation of closing statements, which shall not exceed ten minutes.